When one partner acts abusive or violent towards another, a typical result is that an apprehended violence order will be taken out against them to prevent any further abuse. The article aims to cover all the essential information you need to know about AVOs.
What Is An Apprehended Violence Order?
An apprehended violence order, or ‘AVO’ for short as it is commonly referred to, restricts or outright prohibits someone from contacting, coming near, or doing other things to a person who requires the protection of the AVO. If you are served with an AVO, you will be required to appear in court.
An AVO comes in the form of either a police AVO or a private AVO. Although there are civil proceedings considered in court, a breach of the order is a criminal offence and will result in criminal proceedings.
What Are The Requirements Of An AVO?
In regards to domestic relationships, the standard terms of an AVO will relate to refraining you from:
- Making threats or committing assault
- Harassing, stalking or intimidating
- Destroying or damaging property belonging to the victim
These are the main objectives of an AVO. However, they will additionally commonly require you to also refrain from:
- Living with the victim
- Going near or within a specified distance of the victim’s home, place of work or anywhere else mentioned in the apprehended violence order
- Going near the victim whilst intoxicated
- Contacting the victim directly – with the exception being through a lawyer as agreed to in the AVOs terms.
What Are the Consequences Of An AVO?
For the person who has the apprehended violence order in place against them, consequences beyond the requirements of having to refrain from coming near or contacting your former spouse will ensue.
Here are some examples of things that will be negatively impacted if you have an AVO in place against you:
- Family Court proceedings involving child custody
- Working with children clearance checks (required for some workplaces)
- Licences and permits for firearms
- Tenancy agreements
- Parenting arrangements and the time you have been allocated to spend with your children
Family Violence & AVO’s
Family violence and abuse, in general, can take many forms. This includes physical, psychological, emotional, sexual, financial and even technological abuse. If the conduct is coercive or controlling in nature, the chances are it can potentially amount to abuse.
If you wish you obtain an Apprehended Domestic Violence Order, you can attend your Local Court in NSW to do so. This order will prevent the abuser from coming near you, contacting you and most importantly, continuing their abuse. You must pursue such an order if there are any concerns about the safety of your children or yourself.
Your home should be a haven from the world where you feel safe and comfortable. None one should be living in fear in their home environment. Far too often, victims of family violence will make justifications for their partner’s behaviour. However, suppose any form of abuse you are experiencing is an ongoing thing. In that case, you should contact the police or speak with a family law professional as soon as possible to obtain advice for your specific circumstances.
What If I Breach An AVO?
A breach of an apprehended violence order is a criminal offence and accordingly has significant consequences depending on the severity of the violation. Any breach can result in the court imposing penalties of a fine up to $5500 and up to two years of imprisonment.
If any form of family violence is involved in the breach, the law mandatorily requires imprisonment.
Importance of Seeking Legal Advice
It is crucial to understand that when you are in a situation where your spouse or partner is consistently abusing you, you should get the police involved if it does not stop or seek legal advice from a family lawyer. In the reverse role, you may have an Apprehended violence order in place against you for what may have been one unfortunate mistake that is now affecting your life dearly. If this is the case, you should discuss your circumstances with a family lawyer to understand your options.
Here at JB Solicitors, we’ll make the process as pain-free as possible. We have fixed-fee pricing for family law, giving you a clear sense of the costs from the start, and we will be sure to help you out every step of the way. With years of experience under our belt, we pride ourselves on making each client’s family law experience as positive as possible.
Contact JB Solicitors today to speak with one of our friendly and experienced family lawyers.
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If you have any more questions about apprehended violence orders or other family law matters, head over to our blog section for more informative articles on a wide range of family law topics.
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